‘We’re moving towards the decriminalisation of rape’, barrister says of low convictions rates in UK

“We are effectively moving towards the decriminalisation of rape.” Those are the words of barrister Dr Charlotte Proudman, who argues that the conviction rate for sexual violence in the UK is so low that it amounts to an effective decriminalisation of the offence.

Figures from Rape Crisis reveal that 1 in 4 women have been sexually assaulted as an adult, with 70,330 rapes recorded in England and Wales in the year leading up to March 2022. During the same period of time, charges were brought in just 2,223 rape cases.

When this is considered alongside how many women do not report rape, which is currently 5 in 6 women, as well as the number who drop out of convictions, which between 2017 and 2022 came to an average of 57.2%, “it becomes painful to think of the number of perpetrators who are not brought to justice,” Dr Proudman told NationalWorld.

“It gets to the point where the law is protecting perpetrators,” she explained. “There is clearly something deeply rooted and structurally wrong with the process. So we urgently need to change the way the legal system works and not allow it to get to the point where it feels as though it has become decriminalised.”

The 34-year-old, who has been practising as a lawyer for over a decade, is currently working with the Women’s Equality Party to research the best ways to reform the legal definitions of rape and consent so that “the law starts working for women and girls and reflecting our lived reality of being raped.”

One change the partnership is considering is the concept of “affirmative consent”, which means there has to be explicit, informed and voluntary agreement to participate in sex. Sweden has introduced this into their legal system, and it has resulted in a 75% increase in rape convictions.

These considerations come as part of Dr Proudman’s new organisation, Right to Equality, which she has launched in partnership with the Good Law Project in an attempt to change the law to “better protect women, girls, and marginalised people.” It was birthed from her background as a barrister, during which time she has helped bring in the criminalisation of forced marriage and change the law surrounding female genital mutilation (FGM) by introducing protection orders against the offence.

She told NationalWorld: “My key concern throughout my career and campaigning has always been the nature of gender inequality under the law. We use the law to advocate for rights, but the law has historically been written by largely white privileged men, meaning women, especially marginalised women, such as women of colour or disabled women, are typically excluded. That’s why the law needs to change.”

With the launch of Right to Equality, Dr Proudman has outlined five ways in which the UK’s legal system needs to be reformed to better protect women. These are:

• Redefine rape
• Decriminalise abortion
• Criminalise public sexual harassment
• End period poverty
• Change family courts

To the surprise of many, abortion is actually still a criminal offence. “Women and girls in Britain who attempt to procure their own abortions can be sentenced to life imprisonment under legislation that dates back to 1861”, Dr Proudman explained. Meanwhile, ‘abortion on demand’ is only partially decriminalised - and is subject to strict stipulations.

These include having two doctors sign off on the abortion, and demonstrating that an abortion is required for physical and mental health reasons. “What this means,” Dr Proudman continued, is that “a woman often has to pathologise herself with a mental health issue to justify having an abortion.”

A client of hers, who decided long ago that she never wanted children, was told that that reason is not good enough - and instead had to argue that “if she has a child against her will, it will cause her irreversible mental health damage.” This will appear on her medical notes henceforth.

“Of course, those reasons aren’t always true. But women making a free choice isn’t permitted under the outdated law. That’s why it needs to change.”

When it comes to the criminalisation of public sexual harassment, a campaign that Dr Proudman has been working on with Our Streets Now and Plan International UK, there has been significant progress in the last week or so.

The Home Office published a report which revealed that a consulation with women’s charities, the police and the legal sector found that the “significant majority” of respondents were in favour of criminalising public sexual harassment - and so the government would look to support this. Under new legislation brought forward by Tory MP Greg Clark, there would be harsher sentences for people who deliberately harass, alarm, or distress someone in a public place because of the victim’s sex, with sentences set to rise from six months to two years.

In the UK, public sexual harassment is already illegal, but does not exist as an offence of its own. Dr Proudman argues that the “prevalence of the offence” warrants a specific piece of legislation, so it is encouraging that the government would be looking to support the Bill as it moves through Parliament.

Following the news, Gemma Tutton, co-founder of Our Streets Now, told NationalWorld: “Today marks an important step in tacking public sexual harassment in the UK. We welcome the response from the Home Office and the news that the government intends to support the new Bill. We hope that this - alongside wider cultural initiatives, such as changes to the curriculum - will send perpetrators a clear message that enough is enough.”

On ending period poverty, Dr Proudman highlighted that research shows one in four young women are struggling to afford period products. She believes England and Wales needs to follow in Scotland’s footsteps by making products free.

Finally, in terms of changing the way family courts operate, Dr Proudman hopes to get rid of the presumption that an abusive parent should have contact with their child.

She explained: “There is this presumption that even if the parent is a rapist, or a domestic abuser, they should still have contact with their child. But the psychological harm this does to children is well-documented, and there is evidence that contact puts them in physical danger too. We want to change this patriarchal, paternalist outlook which is enforced by the law so that the onus is on the perpetrator to prove they are safe. Only then can they have contact with their child.”

Dr Proudman explained that these measures are just a start when it comes to reforming the legal system, but that nevertheless these changes are clear examples of how the law could be changed to better protect women and girls. You can read more about her mission on her website.